K.Murugesan v. P.Krishnasamy Naidu (Since
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2022
CORAM
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN 1.K. Murugesan 2.K. Jawahar (Died) 3.V. Periyasamy 4.Nachathal 5.Manohar
6. Anuradha 7.Mariammal ..
Defendants 19, 20 & 21/ Respondents 18, 19 & 20/Appellants (AA 4 to 7 are brought on record as LRs of deceased 2nd appellant, vide court order dated 20.03.2018 made in MP(MD) No.1 of 2015 in SA(MD) No.610 of 2012) Vs.
P.Krishnasamy Naidu(Dead) 1.P.Soundararajan 2.P.Subba Naidu 3.P.Muthusamy 4.P.Jagadeesan 5.P.Raghupathy 6.P.Loganathan 7.K.Muruganantham 8.R.Ramakrishnan 9.R.Krishnasamy 10.R.Palanisamy
11. R.Sundararajan 12.R.Nagarajan 13.R.Mahendran 14.R.Rajammal 15.T.Vengidusamy
16. R.Prabakaran 17.Ammaniammal 18.Saroja 19.V.Rajkumar 20.K.Marimuthu 1/3
21.P.Ramsamy 22.Pankajavalli 23.R.Pappusamy 24.J.Rajeswari 25.Rajalakshmi 26.R.Prabhu 27.R.Nataraj 28.Kamarunnissa 29.Shajakhan 30.Ashik Raja 31.Refeeq
32. Kaja Mohideen 33.Vanaja 34.B.Manikandan 35.Kurashanthi 36.B.Sathiyanarayanan ...Plaintiffs 1 to 9/ Defendants 1 to 18, 22 to 25/ Appellants/ Respondents 1 to 17, 21 to 35/ Respondents Prayer: Second Appeal is filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 07.10.2010 in A.S.No.33 of 2003 on the file of the Subordinate Judge, Palani reversing the judgment and decree dated 28.03.2002 in O.S. No.171 of 1987 on the file of the learned District Munsif, Palani For Appellant : Mrs.AL.Gandhimathi For Respondents:
No.1 to 5 & 7 : Mr.S.C. Herold Singh No.6 : Mr.M.R.Srinivasan for Mr.R.Nandakumar No.22 : Mr.V.Manikandan No.26 and 27 : Mr.A.Arumugam No.33 to 36 : Mr.S.Ramu JUDGEMENT The learned counsel appearing for the appellants has circulated a letter dated 03.01.2022 to the Registry seeking permission of this Court to withdraw the second appeal. The said letter is placed on record.
2. The learned counsel Mr.S.Manikandan stated that he has filed a petition in CMP(MD) No.12142 of 2018 to implead the his clients in the second appeal. As the second appeal itself is permitted to be withdrawn, this Court is not inclined to entertain the same. He would also submit that connected second appeals are pending for adjudication.
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3. In view of the same, the Second Appeal is dismissed as withdrawn. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) aav Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Subordinate Judge, Palani 2.The District Munsif, Palani COPY TO:- The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) +1 CC to M/s.S.C.HEROLDSINGH, Advocate (SR-1801[F] dated 20/01/2022) +1 CC to M/s.R.SUNDAR SRINIVASAN, Mr.S.MANIKANDAN Advocate ( SR-1868[F] dated 20/01/2022 ) 20.01.2022 SK(CO) GC(09.02.2022) 3P 7C 3/3